On December 18, 2015, President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (“the PATH Act”) into law. The PATH Act contains changes to certain statutory provisions which are administered by TTB, including applicable sections of the Internal Revenue Code (“IRC”) which apply to alcohol beverages. In particular, the…
Proposed Willcox Viticultural Area and Establishment of The Los Olivos District Viticultural Area
On January 21, 2016, TTB published a notice in the Federal Register proposing the establishment of the Willcox Viticultural Area, which is located in portions of Graham and Cochise Counties in Arizona (but is not currently located within, nor does it contain, any other established American Viticultural Area). The proposed Viticultural Area…
The Importance of Grape Varieties on American Wine Labels
Using a grape variety on an American wine label is not mandatory, but many winemakers choose to do so for several reasons, such as perception of quality to the consumer. Using or naming the variety on the wine label may also convey a better story about what is in the…
Empire Wine Bills Delivered to Governor Cuomo
On November 30, 2015, the two talked about bills, A05920 and S04446, in New York’s Assembly and Senate were delivered to Governor Cuomo. A05920 was introduced to the Assembly in March of this year by Assemblyman Phil Steck and proposes to amend New York State’s alcohol beverage laws. See Bill Supports Empire Wine Sales; Bill Would Curb…
NYSLA Announces Industry Working Group Meeting December 8, 2015
The NYSLA announced on its website that the second industry working group meeting will take place on December 8, 2015. The group will continue to consider changes or modifications to New York’s alcohol beverage laws. The first meeting devised a list of significant issues relating to New York’s alcohol beverage laws,…
On Reserve Named Top 100 “Blawgs” by American Bar Association Journal
It is truly an honor to share that On Reserve was named one of the top 100 legal blogs or “blawgs” of 2015 by the American Bar Association Journal (ABA Journal). This is the second year that On Reserve received this honor from the ABA Journal, and I am incredibly…
Summary of Cuomo’s First Alcohol Beverage Industry Working Group Meeting
Last Thursday I attended the first open meeting of Governor Cuomo’s new alcohol beverage industry working group. The group, whose main mission is to modernize New York’s alcohol beverage laws by reviewing current statutory provisions, spent the entire meeting identifying a list of issues for further discussion and/or consideration. The first…
NYSLA Must Release Communications and Cuomo Announces Industry Working Group
Last week, as reported by the Times Union, a decision by Acting Supreme Court Justice Debra Young ruled against the New York State Liquor Authority (“NYSLA”) with respect to an ongoing legal battle with Colonie-based retailer Empire Wine. See In Empire Wine Case, SLA Must Release Communications With Illinois Officials. Empire originally sought production…
TTB Reopens the Comment Period for Proposed Viticultural Area and a Realignment
On October 26th, TTB released a press release stating the agency planned to public a notice in the Federal Register the following day which would reopen the comment period for the proposed Lewis-Clark Valley American Viticultural Area (AVA), which is comprised of 306,650-acres found in locations including Nez Perce, Lewis,…
TTB Makes Small Change to COLA Process
In an industry circular dated October 2, 2015, the TTB announced that it made a minor administrative change—and perhaps a very welcome update—to the label approval process. TTB will no longer return label applications to fix discrepancies between what appears on the label and what is stated on the application itself with…